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Contract says my daily wage includes holiday pay!

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I have for the last three years worked for a UK based company in Holland doing 2 week on 2 week off 12 hour shifts. We are paid a daily rate and I would have classed my self as an employee as I am PAYE.

About a year or so ago 30 mins before a Maritime Labor Convention inspection I was asked to sign a contract as it was required for the inspection. I signed.

It states under wages that the amount included holiday pay. no amounts are given and as I understand it this is okay if its negotiated, transparent in the contract ( x amount is wage X amount is holiday pay) and its shown on the pay statement. None of this has happened.

My question is can I claim for Unlawful deduction of wages as I have always understood that my daily rate was just wages.

Now you may ask what about holidays...we dont take them as we in effect get 26 weeks a year off.

To muddy the waters even more the company has been bought by a Dutch company. Does a ET have sway over a European company.

Edited by divertitch
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You are correct in your references as to what would be permissible in terms of UK law with regard to rolled up holiday pay




Whilst an ET would not have jurisdiction over a Dutch company - so long as there is no business presence in the UK or obvious connection of that company to a UK business - the rules over rolled up holiday pay are more strict - Rolled Up Holiday Pay is unlawful under the Working Time Directive.

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Thanks for that Sidewinder.....Looks like I missed the boat with that one was going to try and claim back the deducted pay. There are around 200 UK based skippers working on Windfarm vessels working 2 or 3 week shifts and I dont know one that gets normal paid holidays. Holiday pay is always rolled up. Cheers for the advice.

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